A federal District Court judge in San Francisco ruled on January 9, 2018 that the Trump Administration’s efforts to terminate DACA were based on a “flawed legal premise” and halted the winding down of the program, casting further confusion on renewal eligibility for thousands of DACA recipients.  If you are a DACA recipient that possessed approved deferred action status on September 5, 2017 – the date of the Trump Administration’s announcement to terminate DACA – you MAY be eligible in the near future to apply for renewal, pending further rulings by higher courts.

WHAT IT MEANS: Practically speaking, DACA recipients CANNOT submit renewal applications until (if) USCIS implements the ruling, which appears unlikely to happen soon.  More likely, the Ninth Circuit Court  of Appeals will take up the appeal and USCIS will delay implementation of renewal applications until a Ninth Circuit ruling.  And any number of judicial or political decisions may be made in the meantime that render the District Court ruling irrelevant.

Stay tuned as Washington, DC finally grapples with the vexing issues of Dreamers and U.S. immigration.





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Posted November 11, 2016

Are you concerned about the election of Donald Trump?  Do you lack documents, or are you currently on a visa, maybe expired, hoping to apply for a green card or citizenship, and have concerns about what will happen under a Trump Administration?

Are you a DACA recipient afraid your legal status will disappear?

Will they REALLY build a WALL between the United Sates and Mexico?? 

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Face-Off Over Immigration

Posted November 7, 2014

Highly recommended read.  For a powerful description of the intense political battle being waged in Washington, DC over immigration reform, see the Nov. 7 front-page Wall Street Journal article by Carol E. Lee and Peter Nicholas, Face-Off Over Immigration.  (Copyright 2014, WSJ – Nov. 7, 2014)

With this week’s significant Republican gains in Congress, which include shifts in chairmanships and rule-making power, the 2015 Congress may finally produce reform legislation that President Obama would not veto – likely piecemeal legislation, but nonetheless, progress might be made on updating wide provisions of an outdated U.S. immigration system that address lawful immigration.

Yet based on the tone and scope of disagreement by the principles related to illegal immigration (dramatically depicted in this article), concerning the need for legislation that looks back to address the millions already here, as well as forward, it becomes difficult to see how the legislative effort would succeed if, within the remaining lame duck Congress, President Obama acts unilaterally using so called executive action to grant provisional protected status to a wide pool of presently illegal immigrants, as he has promised to do.  (See Wikipedia explanation of Executive Orders here, including how past American presidents have wielded this unilateral authority without congressional backlash.)

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Posted September 6, 2014

Upholding the time-honored maxim that indecision is the key to flexibility, President Obama has decided to delay any executive action on immigration until after the November elections.

The apparent political calculation bears enormous risk.  If the GOP wins the Senate, any such action would likely be scaled back to reflect shifting American sentiment on illegal immigration, lest the president feel that a looming lame duck stature would free his hand to cement a legacy through executive action that precedes narrower reform legislation.  If the Democrats retain control of the Senate, presumably comprehensive reform legislation would be back on the table, the House would continue to oppose, and the president can do as he pleases through executive action while blaming inaction on House Republicans.

Confused? Lo siento.  Law, as I say, is politics.

Deferred action clients: Your renewal period is approaching.  DACA remains in place.  Don’t delay!  Submit your bid for two more years of employment and prosecutorial discretion today.  The earliest you can re-apply is five months prior to the expiration of your current deferred action period.